Divorce is one of the most destabilizing legal experiences a person can go through. Between understanding the procedures and making decisions regarding children, housing, or finances, it is easy to feel overwhelmed. As an attorney in Bourg-la-Reine specializing in family law in Hauts-de-Seine, Maître Yoram Cohen answers the 10 questions his clients consistently ask before initiating proceedings.
What is the fastest way to get a divorce?
The fastest divorce is a divorce by mutual consent, commonly referred to by the French acronym DCM. It is also the most cost-effective.
This procedure applies when both spouses agree on both the principle of the divorce and all of its consequences: child custody arrangements, child support, division of assets, the marital home, potential compensatory allowance…
In practical terms, a divorce by mutual consent works as follows:
- Both spouses' attorneys jointly draft a divorce agreement.
- Following a statutory cooling-off period of 15 days, each spouse signs the agreement.
- It is then filed with a notaire (notary public), who gives it legal effect.
- No judge is involved in the proceedings.
Can we use a single attorney for both spouses if we agree on everything?
No. This is a very common misconception. French law requires that each spouse be represented by their own attorney, even when the couple is in complete agreement on all consequences of the divorce.
This requirement is not an arbitrary rule: it ensures that each party fully understands the legal and financial implications of what they are signing and receives genuinely independent counsel.
How long does a divorce take?
The duration of a divorce depends directly on the level of conflict between the spouses and the type of procedure initiated:
- Divorce by mutual consent: on average 3 months.
- Contested divorce: between 1 and 2 years before the Nanterre Judicial Court (Tribunal Judiciaire), the competent court for the Hauts-de-Seine (92) department. In the event of deep disagreements over children, finances, or assets, proceedings may take even longer.
Court timelines vary depending on their caseload. This is one of the reasons why an amicable divorce is often recommended whenever the circumstances allow.
How much does a divorce cost?
There is no standard fee schedule: each attorney sets their own fees freely. The cost varies according to:
- The type of divorce (amicable or contested)
- The complexity of the case
- The presence of real estate or companies to be divided
At the law office of Maître Yoram Cohen, our fee policy is built on complete transparency: every matter is budgeted from the outset, with no hidden surprises.
Our fees for divorce proceedings
Must I leave the marital home before initiating divorce proceedings?
No, there is no obligation to do so. In fact, this is one of the most hazardous misconceptions. A hasty departure from the marital home can lead to unfavorable legal and financial consequences, particularly when children are involved.
In certain cases, temporarily maintaining cohabitation under the same roof is preferable, both legally and financially. Consult an attorney before making any irreversible decisions.
Who will get custody of the children?
Under French law, the traditional concept of "custody" has been replaced by the child's habitual residence. Several arrangements are possible:
- Joint/shared physical custody (résidence alternée): the child shares their time between both parents.
- Primary residence with one parent, with visitation and overnight rights granted to the other.
- Any tailored arrangement that suits the family's specific situation.
The decisive criterion is always the best interests of the child. To evaluate this, the family court judge (JAF) specifically examines:
- The age and schooling needs of the children
- Each parent's availability and parenting capacities
- The stability of the proposed living environment
- The quality of the parent-child relationships
Every case is unique. Visit our family law page to learn more about proceedings before the Family Court Judge.
Will I have to pay child support?
Child support is not automatic. It depends on several factors:
- Each parent's financial resources
- The living expenses borne by each parent
- The actual needs of the children
- The chosen custody and residence arrangement
Even in shared physical custody cases, child support can be ordered if there is a significant disparity between the parents' incomes. Its purpose is not to penalize a parent, but to ensure that the children's needs are fairly met.
What happens to the house or apartment?
The answer depends on the legal ownership status of the property and the spouses' matrimonial property regime.
If the property is jointly owned or community property, the spouses have three main options:
- Selling the property and dividing the proceeds
- Buying out the other spouse's share (via an equalization payment or soulte)
- Temporarily remaining in joint ownership, often to ensure stability for the children
If the property is rented, the lease can in certain cases be transferred to one of the spouses.
A thorough review of title deeds and your matrimonial regime is essential before making any decision. Visit our family law page or schedule an appointment directly.
Will I have to pay a compensatory allowance (spousal maintenance)?
A compensatory allowance (prestation compensatoire) is not automatic. It is intended to offset any disparity in the respective standards of living of the spouses caused by the divorce.
To determine the amount, the judge—or the spouses themselves in an uncontested divorce—takes into account in particular:
- The duration of the marriage
- The age and state of health of each spouse
- Their respective income and assets
- Their career prospects
- Any career sacrifices made during the marriage
In some divorces, no compensatory allowance is due. In others—particularly following a long marriage with a significant income disparity—it can represent a substantial sum.
Do I need a lawyer from the very beginning of the separation?
Yes—and it is often the most critical decision you can make.
The initial weeks of a separation are vital. Many mistakes made at this stage have long-lasting consequences on the legal proceedings:
- Hastily moving out of the marital home
- Discontinuing financial contributions to household expenses
- Improperly organizing child custody arrangements without a formalized agreement
- Signing documents without prior legal advice
At Maître Yoram Cohen's law firm, the initial consultation fee is €156. It allows you to assess your situation, understand your legal rights, and identify the most suitable strategy.
In summary: key takeaways before initiating a divorce
Divorce is a strictly regulated procedure, yet it leaves considerable room for negotiation and amicable agreement. The fastest and most cost-effective path remains an uncontested mutual consent divorce, provided both spouses can agree on essential matters.
Whatever your situation—whether facing a contested dispute or seeking an amicable separation—consulting a lawyer from day one enables you to protect your rights, your children, and your assets. Maître Yoram Cohen's firm, located in Bourg-la-Reine and serving all of Hauts-de-Seine (92) and the Paris region, is here to guide and support you.
Are you considering a divorce?
Let's discuss your options today.
Initial consultation at €156 · Law firm in Bourg-la-Reine (92) · Response within 24 hours